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TOWN
OF GREENVILLE
ORDINANCE
RELATING TO DOG CONTROL
ORDINANCE
15
WHEREAS, the Town of Greenville Town Board has been granted village
powers by the electors at a duly noticed annual town meeting, in accordance with
Wisconsin Statutes Section 60.10 (2) (c), and has the power granted to villages
in accordance with Wisconsin Statutes Section 60.22 (3).
WHEREAS, it is in the public interest and welfare to regulate dog control
in the Town of Greenville, as provided herein.
NOW, THEREFORE, the Town Board of Supervisors of the Town of Greenville,
Outagamie County, Wisconsin, does ordain as follows:
SECTION 1
STATUTORY AUTHORITY:
Pursuant to Wisconsin Statutes Section 60.22
(3) the Town Board of Supervisors of the Town of Greenville, Outagamie County,
Wisconsin, hereby adopts the provisions of Chapter 174 of the Wisconsin Statutes
for the control of dogs in the Town of Greenville, Outagamie County, Wisconsin,
as described herein.
SECTION 2
PURPOSE:
The purpose of this ordinance is to regulate
dog control within the Town of Greenville, Outagamie County, Wisconsin.
SECTION 3
DEFINITIONS:
In this ordinance, unless the context or
subject matter requires otherwise, the following definitions shall be
applicable:
a.
"Owner" shall mean any person owning, harboring, or keeping a
dog and the occupant of any premises on which a dog remains or to which the dog
customarily returns daily for a period of ten (10) days, is presumed to be
harboring or keeping the dog within the meaning of this section.
b.
"At large" shall mean to be off the premises of the owner and
not under the control of some person either by leash or physical means of
restraining a dog, but a dog within an automobile of its owner or in an
automobile of any person with the consent of the dog's owner shall be deemed to
upon the owner's premises.
c.
"Officer" shall mean a designated officer appointed by the Town
Board of the Town of Greenville to enforce this ordinance.
This shall include the Town Chairman, the Town Constable and any member
of the Outagamie County Sheriff's Department.
SECTION 4
GENERAL LICENSING OF DOGS:
It shall be unlawful for any person in the
Town of Greenville to own, harbor, or keep any dog more than five (5) months of
age without complying with Chapter 174 of the Wisconsin Statutes.
This includes the requirement to obtain a dog license annually for each
dog 5 months of age or more on January 1st, or within thirty (30)
days after the dog obtains 5 months of age during the year.
Dogs must be immunized against rabies to obtain a license.
The dog tag issued must be attached to a collar, and a collar with the
tag attached shall be kept on the dog for which the license is issued at all
times as set forth in Wisconsin Statute 174.07 (e).
SECTION 5
RESTRICTIONS ON KEEPING OF DOGS:
It shall be unlawful for any person
within the Town of Greenville to own, harbor, or keep any dog which:
a.
Is at large within the Town of Greenville.
b.
Habitually pursues any vehicle upon any public roadway in the Town of
Greenville.
c.
Assaults or attacks any person off the premises of the owner.
d.
Habitually barks or howls to reasonable annoyance of any person.
e.
Kills, wounds, or worries any domestic animal which includes livestock,
dogs, and cats, horse, bovine, sheep, goat, pig, elk or other deer raised in
captivity, llama, alpaca, domestic
rabbit, farm-raised deer, or domestic fowl, including game fowl raised in
captivity, nests or eggs of game birds.
f.
Is over five (5) months of age, and has not been issued a valid license
and/or does not have the license attached to the dog as required by Chapter
174.07(e) of Wisconsin Statutes.
g.
Is known by the owner to be infected with rabies, or has been bitten by
an animal known to have been infected with rabies, and such owner fails to
quarantine the dog as required by Wisconsin Statute Section 95.21.
h.
Defecates on the property other than that of the owner, and said
defecation is not removed immediately by the owner.
i.
Violates any other provision of Chapter 174 of Wisconsin Statutes.
SECTION 6
ENFORCEMENT OF RABIES CONTROL PROGRAM:
Wisconsin Statutes Section 95.21 is hereby
incorporated by reference and made a part of this ordinance.
Any provisions of this ordinance shall be read in conjunction with
Wisconsin Statutes Section 95.21, however it is the intent to make this
ordinance more restrictive pursuant to Wisconsin Statute Section 95.21 (9).
SECTION 7
NUMBER OF DOGS:
It shall be unlawful for any person
to keep more than three (3) domestic dogs over five months of age in any
household within the Town of Greenville, unless a kennel permit has been issued
by the Town.
SECTION 8
KENNEL PERMITS:
The Town Board of the Town of
Greenville may grant kennel permits upon approval of the Town Planning
Committee, after a public hearing before the Town Planning Committee.
SECTION 9
PENALTY:
Any person, firm, or corporation who
shall violate any provision of this ordinance shall, upon conviction thereof,
forfeit as follows:
a.
If the dog injures or causes injury to a person, or any domestic animal
which includes livestock, dogs and cats, horse, bovine, sheep, goat, pig, elk or
other deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised
deer, or domestic fowl, including game fowl raised in captivity, nests or eggs
of game birds, a fine of not less than $50.00, nor more than $500.00, if the
owner did not have notice that the dog had previously caused injury.
b.
If the owner did have notice or knew that the dog previously caused
injury to a person, or any domestic animal which includes livestock, dogs and
cats, horse, bovine, sheep, goat, pig, elk or other deer raised in captivity,
llama, alpaca, domestic rabbit, farm-raised deer, or domestic fowl, including
game fowl raised in captivity, nests or eggs of game birds, a fine of not less
than $200.00, nor more than $1,000.00.
c.
For a dog running at large, a fine of not less than $25.00 nor more than
$100.00 for the first offense, and not less than $50.00, nor more than $200.00
for subsequent offenses.
d.
If any owner fails to have a dog vaccinated against rabies as required by
Wisconsin Statutes 95.21 shall forfeit not less than $50.00, nor more than
$100.00.
e.
An owner who refused to comply with an order concerning quarantine shall
be fined not less than $100.00, nor more than $1,000.00.
f.
For all other violations of this ordinance, a fine of not less than
$25.00, nor more than $200.00.
g.
In all cases above, there shall be in addition to the fines set out, the
cost of prosecution, and in default of the payment of the fine and costs, may be
imprisoned in the county jail until costs and forfeitures are paid, but not to
exceed thirty (30) days. Each
violation and each day a violation occurs or continues shall constitute a
separate offense.
SECTION 10
EFFECTIVE DATE:
This ordinance shall become effective the
day after publication as provided by law.
The foregoing
ordinance was adopted at a regular meeting of the Town Board of the Town of
Greenville, on the 8th day of December, 1997.
Re-adopted January 21, 1998.
Filed this 8th
day of December, 1997 in the office of the Town Clerk |
